Oakland, CA asked in Civil Litigation and Child Custody for Alaska

Q: My ex and me hav 2 kids 9 months and a 2 year old. I’m planning to leave state he won’t allow me no and he agreed before

We have no custody agreement and have never been to court what will happen if I live with him saying I can’t? I have the children 95% of the time.

1 Lawyer Answer
Stefan Otterson
Stefan Otterson
PREMIUM
Answered
  • Divorce Lawyer
  • Anchorage, AK
  • Licensed in Alaska

A: There's nothing to stop you from leaving. Both of you have equal rights, so there's nothing stopping him from leaving with the kids either. If you leave without working it out with him first, he can file for a custody order and ask the court to order the kids returned to Alaska. Alaska will have jurisdiction unless he waits at least 6 months before filing. Normally the court wouldn't remove the kids from the parent who had them 95% of the time, but if the way you left looks like you're trying to cut the other parent out, that might change the court's attitude. If you can't reach an agreement, you should at least propose a liberal visitation schedule for him and propose to share the travel costs, etc. Do whatever you can to show that you respect his role a parent and the kids' need to have a relationship with their dad.

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